UNITED STATES v. LEWIS (2020)

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

This case returns to us on remand from the Supreme Court of the United States. The Supreme Court vacated this Court’s judgment and remanded for further consideration in light of United States v. Davis, ––– U.S. ––––, 139 S. Ct. 2319, 204 L.Ed.2d 757 (2019).

The parties have filed supplemental briefs following remand. They agree that Lewis’s conviction on Count 3, for using, carrying, possessing, and brandishing a firearm during and in relation to a crime of violence, 18 U.S.C. § 924(c), should be vacated. The predicate “crime of violence”—sex trafficking by force, violence, or coercion, in violation of 18 U.S.C. § 1591(a)—no longer qualifies as such in light of Davis. This error, which Davis made plain, affected Lewis’s substantial rights and seriously affects the fairness, integrity, or public reputation of the judicial proceedings. We therefore vacate Lewis’s conviction on Count 3 and remand to the district court for further proceedings consistent with the opinion of the Supreme Court in Davis.

In all other respects, we affirm Lewis’s convictions and sentence for the reasons stated in our prior opinion.

AFFIRMED IN PART; VACATED IN PART; REMANDED.

PER CURIAM: